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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70414
Experience:  Over 5 years in practice
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I have issued my commercial tenant a 30 day notice to quit.

Resolved Question:

I have issued my commercial tenant a 30 day notice to quit. He has no lease and has been in the property 2 years. He pays his rent but has caused lots of problems on site. He runs a skip hire company and has breached his licence on a number of occasions and damaged buildings on his site. He won't leave so what's the procedure to evict him. ?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

When did you issue notice please?
Customer: replied 3 years ago.

30 days ago

Expert:  Jo C. replied 3 years ago.
You can lock him out at the end of the 30 days and if he feels that the eviction is unlawful, he will have to take you to court and you can defend it on the basis that he has breached the terms of the verbal licence.

Alternatively, you can make an application to court to have him evicted and to have the court award costs against him.

If you get a solicitor to write to him he may take a little more notice with the threat of legal proceedings and court costs.

If he was 14 days late paying rent you can simply lock him out regardless
Customer: replied 3 years ago.

He actually had his solicitor draw up a lease but there was a couple of clauses I could not agree to so he threw his dolly out of the pram and refused to sign a lease. I have a copy of the unsigned lease which I would think shows his intent to have a lease. He has done considerable damage to the property and I would like to take him to court to pay for this. Is this a separate matter to the eviction? if I lock him out can I keep the equipment that is in the yard until the damages are settled. ??

Customer: replied 3 years ago.
Are you still looking at this or should I re ask the question ??
Expert:  Jo C. replied 3 years ago.
Sorry for the delay overnight.

As he has not signed the lease, he was in the premises merely on licence/tenancy at will and that can be determined on reasonable notice which, after two years occupation and paying rent monthly would be one month.

If there are goods left in the premises you can serve a notice under the Torts Interference with Goods Act if he does not collect them and you can ultimately sell them once the notice has expired.

However if he is willing to collect the you cannot dispose of them but you can hold a lien over them in respect of money that he owes you.

As there is an agreement between you and he has damaged the property you can however exercise a lien over the goods but not dispose of them if he wants them, he will usually take some action quite quickly and either pay you or start legal proceedings to get them back which you will then defend and counterclaim in respect of the damage.

However regardless of what contract there is between you and whether he has a lease or a licence or tenancy at will, he is, nonetheless responsible for any damage he has caused when you are quite entitled to sue him for what ever it costs to put that right.

There is no reason why you cannot issue legal proceedings for that damage while he is still in the premises
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